Section mapper · Advance tax, interest, late fees and refunds

Section 245 of the Income-tax Act, 1961 is now section 438 of the Income-tax Act, 2025

When your refund is set off against an old demand.

Was
s.245, Income-tax Act, 1961 (repealed)
Is now
s.438(1), Income-tax Act, 2025
In force from

What changed

Renumbered. Section 438(1) keeps the power to set a refund off against tax remaining payable, and keeps the withholding power for cases where an assessment or reassessment is pending.

Where this comes from

Read from incometaxindia.gov.in on , and re-checked against the enacted Income-tax Act, 2025 (Act No. 30 of 2025, assented 21 August 2025, in force 1 April 2026). This dataset is re-verified quarterly. The whole method is on our methodology page.

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